Court : Allahabad
Decided on : Nov-08-2000
Reported in : 2001(1)AWC426
IntroductionYatindra Singh, J. 1. Country spirit is sold by retailers, who are selected by an auction sale. The contractors, who are selected after inviting sealed tenders, supply it in every district at fixed rates. They (contractors) before their selection also file an undertaking before the Excise Commissioner that they will abide by the rate fixed by him and in fact supply country spirit throughout the State at the same rate fixed by the Excise Commissioner. In light of these facts. What is the relevance of tendered rates by the contractors? Have they become irrelevant? Is there any point in calling sealed tenders? Can a contract still be awarded to a contractor on the basis of tendered rates?This is the main question involved in this writ petition. It arises on the following facts. The facts2. The Excise Commissioner, Allahabad, published a tender notice on 13.1.2000 inviting tenders for allotment of various districts to the contractors for supply of country spirit for the excise ...
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-2000
Reported in : 2000(4)AWC2625; (2000)3UPLBEC2641
S.H.A. Raza, J. 1. Theaforementioned writ petitions to the election of Zila Panchayats of different districts. The Writ Petition bearing No. 3777 (M/B) of 2000 has been taken up as a leading one. The writ petitions, which deal with different questions, shall be dealt separately. 2. The factual matrix of the case as set out in the Writ Petition bearing No. 3777 (M/B) of 2000, in short compass, appears to be is that the election of the members of Zila Panchayat in District Hamirpur, U. P. was held on 22.4.1995. After the said election, new district Mahoba was carved out from district Hamirpur. It was submitted that till 5.8.1996, the election of Adhyaksha of Hamirpur was not held. On 18.4.1996, the StateGovernment issued notification under Section 272 of the U. P. Kshettra Panchayat and Zila Panchayat Adhiniyam. 1961 (hereinafter referred to as the 'Adhiniyam, 1961') removing certain difficulties due to creation of the new district Mahoba, which was earlier part of district Hamirpur, whi...
Tag this Judgment!Court : Allahabad
Decided on : Mar-16-2000
Reported in : 2000(2)AWC1675
J.C. Gupta, J.1. This is defendants petition for quashing the order dated 31.3.1998 passed by respondent No. 1 in Misc. Civil Appeal No. 47 of 1996 whereby the respondent No. 1 has allowed the appeal after setting aside the order dated 16.1.1996 passed by the trial court rejecting plaintiffs application for ad-interim injunction. The lower appellate court has restrained thepetitioners from causing any interference in plaintiffs carrying on the business of the firm M/s. Baiju Sav Nigam Das and M/s. Shanti Sahu and others in the disputed shop till the disposal of suit and has also directed them to open the lock of the shop.2. Respondent Nos. 2 and 3 filed Suit No. 310 of 1994 against the petitioners for permanent injunction restraining the defendants from causing interference in plaintiffs right of carrying on their business in the shop in question and not to lock the same. The case of the plaintiff in short was that the shop in question was the ancestral property of the parties : that r...
Tag this Judgment!Court : Allahabad
Decided on : Feb-16-2000
Reported in : 2000CriLJ4125
Palok Basu, J.1. Two revered Judges of this Court have differed on very vital point arising on the interpretation of the provisions contained in Section 257 of Code of Criminal Procedure, 1973 (for short the new Code). The matter which has been referred to this Court for adjudication is whether the provisions in the said Section 257 of the new Code will be applicable during 'investigation'.2. Bobby alias Premveer and Gyani alias Gyanendra Singh, applicant Nos. 1 and 2 in this case have filed an application under Section 482 Cr. P.C. which contains the following prayer '...the order dated 30-8-1999 issuing warrant 'B' Case Crime No. 88 of 1999 under Section 395/412, I.P.C, Police Station Govind Nagar, Mathura passed by the C.J.M. Mathura be quashed....3. Both the applicants alleged to be the residents of Aligarh and Ghaziabad, have alleged that a report under Section 392, I.P.C. was initially registered against them in Case Crime No. 88 of 1999 at Police Station Govind Nagar District Ma...
Tag this Judgment!Court : Allahabad
Decided on : Feb-02-2000
Reported in : 2000(1)AWC850
A.K. Yog, J.1. Proceedings under Arbitration Act were initiated between the parties wherein an Arbitrator was appointed in the year 1987. Arbitrator rendered award dated December 30, 1989 (Annexure-1 to the writ petition).2. Objections under Sections 30 and 33 of the then existing provision of Arbitration Act were rejected videorder dated 25.4.1996 (Annexure-2 to the writ petition) and the Appeal (M.C.A. No. 74 of 1996) has been dismissed by the respondent No. 1 vide impugned judgment and order dated October 30, 1999 (Annexure-4 to the writ petition).3. Appeal having been dismissed, petitioner (M/s. J. Qumairjee and Company through its proprietor Sri J.K. Jain) has preferred this petition.4. In the instant case, it is not disputed at the Bar that no objection was raised regarding enforcement of Arbitration and Conciliation Act, 1996 and proceedings continued under the Act existing prior to 1996 (i.e., before coming into force of Arbitration and Conciliation Act. 1996).5. Section 39(2) ...
Tag this Judgment!Court : Allahabad
Decided on : Apr-20-2000
Reported in : 2000(3)AWC2139; (2002)3UPLBEC2351
A.K. Yog, J. (Backdrop)1. These six petitions give rise to the controversy pertaining to duties and obligation of 'Local-Bodies' (as part of local self Government) to ensure 'water-supply', within their area, for which said authorities are created under legislative enactment vis-a-vis rights, duties and obligations of the citizens who enjoy the basic amenity like water which is, like air, the core of life. Duty to supply water, in modem times, largely and invariably barring exceptions, rests with local self-Government. No local self-Government can, in the present day complex growth of society, perform its duties unless it has funds and provision to generate funds for its continued existence. 2. Resolution No. 2312A, dated May 1, 1901-Government of India (F and C) dealt with the concept of taxation and its limits. It justifies Imposition of tax and mentions that limit may be exceeded in special cases, such as sinking funds for discharging duties, or to meet expenditure of project on a l...
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